Find a Mesothelioma Lawyer in Austin, Texas
With nearly 1 million residents, Austin is one of the major cities in one of the largest states in America. It’s also the capital of Texas. Exposure to asbestos was a common occurrence for residents in many major cities, including Austin, throughout the 20th century. Asbestos is also the only known cause of the rare cancer mesothelioma. If you have this cancer, you should find a lawyer to represent your case and get your family compensation.
JUMP TO A TOPIC
Top Mesothelioma Lawyers and Law Firms in Austin, Texas
A handful of mesothelioma law firms have offices in Austin, Texas. One website lists eight mesothelioma law firms in the city. These firms are local to the city and licensed to practice law in Texas. Other firms are personal injury practices that help mesothelioma victims but mostly handle other types of injury cases.
Other mesothelioma law firms have offices in other Texas cities, such as Houston. Bullock, Campbell, Bullock & Harris is one of the top mesothelioma law firms based in Houston, just a short drive to Austin.
Why to Find a National Asbestos Lawyer
Choosing a local personal injury lawyer in Austin has its advantages. The proximity is the main one, plus the attorney’s potential knowledge of asbestos sites.
However, there are many more advantages to choosing a national lawyer, specifically one who specializes in mesothelioma. If a lawyer is only licensed to practice law in the state of Texas, we recommend looking elsewhere for legal help. You don’t want to limit yourself to just one state, plus national lawyers have more experience with mesothelioma claims.
Claims in Multiple States
Asbestos exposure may have happened in Austin, Texas, but the claim can span multiple states. The manufacturing company responsible might be based in another state. The at-fault company’s headquarters might be in a different state. There could be another reason to move the claim to a different place.
You’ll want to file claims in the jurisdiction most beneficial to your chances of winning and receiving compensation. You don’t want to limit yourself to one state – which is what you’ll do choosing a local lawyer in Austin. That decision may impede your chances of getting financial help for treatment, lost wages and more.
Experience Is Important
The more mesothelioma claims a lawyer has handled, the more likely they’ll succeed for you. Local lawyers only have a few mesothelioma cases a year. The cancer is rare – between 2,500 and 3,000 people are diagnosed in the U.S. each year – so there are only so many cases to go around.
Local personal injury lawyers in Austin might get one or two of these cases a year, and maybe a half dozen or dozen in their entire law careers. National lawyers get dozens every year, meaning they are up to date with the steps and the average settlement amounts. This experience is crucial for you or your loved one.
No Travel or Hiring Costs
National lawyers have an abundance of resources to minimize costs for their clients. This means even if you hire a national firm, you won’t need to travel for meetings. The national attorneys come to you. BCBH Law, for example, either meets virtually or meets in-person wherever the client wishes.
BCBH Law also doesn’t charge upfront to represent mesothelioma victims. They only receive a percentage of the payment to the victim. This means if you or your loved one doesn’t receive any compensation, you owe nothing to the law firm. So there’s no financial risk involved when you choose a national firm.
Steps to File a Mesothelioma Lawsuit in Austin, Texas
Your mesothelioma lawyer should handle most, if not all, of the steps to file a mesothelioma legal claim. It’s their job to insulate you and your family from the stress and time commitment of asbestos lawsuits.
However, it’s not bad to be knowledgeable about the process. If you know the steps, then you’ll be able to confirm that your lawyer is going through the process appropriately.
The complete steps for mesothelioma lawsuits in Austin, Texas, are:
- Find a mesothelioma lawyer
- Meet with your legal team
- Go through your history of exposure to asbestos
- File your mesothelioma claim
- Go through a full review of your work history, exposures, and evidence of malpractice from at-fault companies
- Provide a deposition
- Discuss a potential settlement
- Take the case to trial, hopefully for a favorable verdict
If you file a claim against an asbestos company that is no longer an active business, then you’ll receive trust fund payments. The process for filing with asbestos trust funds is slightly different than filing a lawsuit. The process is quicker, and there is no trial or jury. Most mesothelioma claims go to trust funds because a lot of asbestos companies have filed for bankruptcy.
Asbestos Exposure in Austin, Texas
If you worked or lived in Austin, Texas, for a notable amount of time, then your mesothelioma diagnosis might be due to asbestos exposure in this city. You’ll want to pinpoint places you worked or spent time in for other reasons and see whether asbestos was present.
Some of the places in Austin with asbestos include:
- American Statesman newspaper building
- Anderson High School
- Austin Diagnostic Clinic
- Austin Energy
- Austin State Hospital
- Austin Water, Light and Power Company
- Bergstrom Air Force Base
- Brooks Elementary School
- City of Austin Power Plant
- Decker Creek Power Plant
- Holly Street Power Plant
- IBM
- Jefferson Chemical Company
- Lockheed
- O’Henry Junior High School
- Porter Junior High School
- Seaholm Power Plant
- Texas Department of Public Safety
- Texas Highway Department
- Texas State Health Department
- University of Texas
- Wight Engineering
At-Risk Occupations for Workers in Austin
A few occupations are more at risk of asbestos exposure than others. This is true for every city, including Austin. Some of the jobs that were prominent in Austin, Texas, and also linked to regular asbestos exposure include:
- Power plant worker
- Teacher
- Hospital staff
- Construction workers
- Electricians
- Insulation workers
Asbestos Laws and Regulations in Austin, Texas
Austin asbestos regulations are pretty much the same as other areas of Texas. The main law governing asbestos regulation in Texas is the Texas Asbestos Health Protection Act. This law requires employers to protect workers from exposure to asbestos fibers. The two tenets of protection are:
- Educating employees on the dangers of asbestos
- Limiting the level of asbestos exposure in work settings
A few other regulations relevant to people Austin are:
- The Texas Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) Regulations (Sections 61.130-61.140 of the Texas Administrative Code) – Sets emissions standards for asbestos-containing materials via the National Emission Standards for Hazardous Air Pollutants.
- The Texas Hazard Communication Act (Texas Labor Code, Chapter 502) – Requires employers to provide workers with information about the dangers of asbestos exposure.
- The Occupational Safety and Health Act – Requires employers to provide employees with a safe and healthy workplace to protect workers from hazardous working conditions, including exposure to asbestos fibers.
The state of Texas requires anyone disturbing asbestos to be trained and licensed in the craft. Workers and employers must also notify the Texas Department of State Health Services about any asbestos work.
There is one exception for asbestos removal without a license: removing floor tile or sheet vinyl flooring. Both are known to include asbestos, especially in older houses or office buildings. Asbestos was common in construction of buildings in the 20th century.
Anyone removing floor tile with asbestos must go through the Resilient Floor Covering Institute (RFCI) guidelines training and follow those guidelines during the removal process. A certified inspector needs to sample the area and tiles before anyone can remove them.
Governing Bodies Overseeing Asbestos in Austin, Texas
The Texas Department of State Health Services is the governing body overseeing asbestos in Austin, Texas, and other cities in Texas. The Texas Asbestos Regulation is accessible on the Texas Department of State Health Services website.
Another state agency involved in asbestos regulation is the Texas Commission on Environmental Quality (TCEQ). This agency is responsible for protecting the state’s public health and natural resources.
National governing bodies overseeing asbestos include:
- Environmental Protection Agency (EPA) – Federal agency that ensures clean air and land, which includes asbestos regulation
- Occupational Safety and Health Administration (OSHA) – Federal agency responsible for setting and enforcing workplace asbestos exposure limits
Statute of Limitations for Mesothelioma Lawsuits in Austin
Statute of limitations is how long people have to file mesothelioma lawsuits in a particular jurisdiction. Statute of limitations are state laws, meaning each state sets its own statute for different types of lawsuits. Statute of limitations is done by years.
The statute of limitations in Texas applies to Austin along with every other jurisdiction. The statute of limitations for personal injury claims in Texas is two (2) years. It’s the same time limit for wrongful death lawsuits.
In most personal injury or wrongful death cases, the statute of limitations begins once the person is injured or wronged in some way. This means the clock begins once the person is injured and ends two years to the date. Claims must be started within that window.
Mesothelioma cases are different. While the exposure to asbestos is considered a personal injury incident that normally would begin the time limit, most cases of mesothelioma aren’t diagnosed for 20-40 years after exposure. The statute of limitations for mesothelioma begins once the patient is diagnosed – i.e., once they learn they were injured – or once an autopsy confirms that a victim’s death was due to mesothelioma.
Two years is not a long time to begin a claim. People newly diagnosed with mesothelioma face a lot of mental, emotional and physical challenges. They are stressing about the cost of treatment, whether treatment will work, their cancer symptoms, their prognosis and life expectancy, how they’ll continue to work and provide for their family, and more.
Trying to file a lawsuit only adds to the stress and anxiety. Choosing a national law firm relieves the pressure and puts the responsibility in the hands of the experts. This ensures your claim begins within the time limit required and improves your chances of a successful lawsuit or trust fund claim.
BCBH Law is one of the top mesothelioma firms in the United States. The lawyers are based in Houston and can travel easily to Austin. They also can meet with clients anywhere in the country or refer them to other lawyers nearby.
Contact the attorneys at BCBH Law for a free case evaluation. This offering helps you learn about your case’s chances of proceeding to a trial or settlement, plus gives you a head start in the process.
Texas Mesothelioma Laws & Law Firms by City
Sources & Author
